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RAJASTHAN HIGH COURT

Year of decision: 2017
Details

Hindu Marriage Act, 1955, Section 13(1)(ia), 13A -- Divorce - Mental cruelty - Petition by wife - Where wife proves on record that she was being treated with cruelty, which is one of ground for granting decree of divorce u/s 13(1)(ia) of the Act, there appears no reason for Family Court to still grant her decree for judicial separation instead of decree of divorce that too..........

DELHI HIGH COURT

Year of decision: 2017
Details

Hindu Marriage Act, 1955, Section 13(1)(ia) -- Cruelty - Divorce petition by husband - Husband pleaded that his wife never respected his family members and she extended threats to them and use filthy and abusive language for them - However, neither husband disclosed time and place when such quarrel took place or threat extended or abuses hurled nor specific instance or..........

DELHI HIGH COURT

Year of decision: 2017
Details

Hindu Marriage Act, 1955, Section 13(1)(ia), 23(1)(b) -- Cruelty - Act of cruelty once condoned, cannot be taken as ground of cruelty subsequently, for seeking divorce in view of S.23(1)(b) of the Act...........

DELHI HIGH COURT

Year of decision: 2017
Details

Hindu Marriage Act, 1955, Section 13(1)(ia) -- Cruelty - Divorce petition by husband - Husband alleged that wife has shifted all her belongings to first floor and has flatly refused to serve his parents in any manner - However, husband failed to prove said fact - Even, he himself stated that some articles which wife has brought with her were kept in separate room due to..........

DELHI HIGH COURT

Year of decision: 2017
Details

Hindu Marriage Act, 1955, Section 13(1)(ia) -- Cruelty - Divorce petition by husband - Husband alleges that wife and her four brothers extended threats to him - However, no specific date or time of circumstances in which such threats were extended has been pleaded nor any complaint against them has been lodged by husband - Husband has made bald statement of general nature,..........

DELHI HIGH COURT

Year of decision: 2017
Details

Hindu Marriage Act, 1955, Section 13(1)(ia) -- Cruelty - Divorce petition by husband - Father of husband suffered heart attack within 3 months of marriage - Merely because one of the family member has developed some medical problem, cause of same cannot be attributed to other family members as these conditions take long time before they manifest...........

DELHI HIGH COURT

Year of decision: 2017
Details

Hindu Marriage Act, 1955, Section 13(1)(ia) -- Cruelty by wife - Wife certainly visiting her parents home - Such visit per se cannot be the reason for husband to complain...........

RAJASTHAN HIGH COURT

Year of decision: 2017
Details

Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Mental cruelty - Wife if tries to implicate husband and parents-in-law in criminal proceedings on the basis of unfounded and exaggerated allegations, then it can be assumed that she is committing cruelty towards them...........

CHHATTISGARH HIGH COURT

Year of decision: 2017
Details

Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Mental cruelty - Filing of false complaint against husband by wife - Wife filed a criminal case against husband making allegation of demand of dowry and performance of second marriage - However, second marriage of husband not proved and criminal complaint alleging commission of cruelty and demand of dowry also..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2017
Details

Specific Relief Act, 1963, Section 6, Punjab Village Common Lands (Regulation) Act, 1961, Section 13 -- Suit for possession - Lessee under Gram Panchayat - If plaintiff was dispossessed during currency of lease or even thereafter forcibly, suit u/s 6 of Specific Relief Act is maintainable because the only issue which needs determination in such suit is whether a party has..........

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